Perry Mansukh seeks court nod to travel abroad for fourth time

Patel Farm owner Perry Mansukh when he appeared before Senate select committee investigating the Solai Dam tragedy, July 18, 2018. /JACK OWUOR
Patel Farm owner Perry Mansukh when he appeared before Senate select committee investigating the Solai Dam tragedy, July 18, 2018. /JACK OWUOR

Patel Dam owner Perry Mansukh has made a fresh appeal for the court to allow him to travel out of the country for the fourth time.

At least 48 people died after the walls of Patel Dam in Solai, Nakuru county, collapsed in May.

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Mansukh wants to travel to India and Sudan from the end of this week on business trips.

Through lawyer Boniface Masinde, the businessman on Tuesday told the court he intends of travel to Sudan between November 29 and December 5.

In an application, Mansukh also wants to travel to India between December 6 and 11 to visit his son.

Masinde told Naivasha principal magistrate Esther Kimilu that the accused had in the past travelled out of the county on three occasions.

He said that on all the occasions, he had complied with the bond terms and returned his passport as directed by the court.

"The accused is not a flight risk as alleged by the prosecution as he has in the past adhered to the bond and bail terms set by the court," Masinde said.

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But the DPP, through an affidavit sworn by state counsel Victor Owiti, said Mansukh was a flight risk, adding he wanted the bond terms reviewed.

Questioning his frequent visits out of the country, the prosecution said the accused had not provided details of his visit to the two countries.

"In his application, he has not filed any documents or travel itinerary to show where in particular he is travelling to in Sudan or India," the counsel said.

The state counsel also said there was no extradition treaty between Kenya and the two countries, which could complicate matters if the accused absconded from court proceedings.

Manusukh is among nine suspects charged with 48 counts of manslaughter and failing to prepare an environmental impact assessment report.

The other eight suspects are Vinoj Kumar, Luka Kipyegen, Johnson Njuguna, Winnie Muthoni, Jacinta Were, Tomkin Odhiambo, Williec Omondi and Lynette Cheruiyot.

The magistrate will make a ruling on Wednesday.

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